Life without Parole for Children in Illinois
Fact Sheet by the Illinois Coalition for Fair Sentencing of Children
What is Life without Parole (“LWOP”) for Children?

LWOP means children are sentenced to die in prison; these individuals will never be considered for release.

In Illinois, children as young as 13 can be sentenced to LWOP.

At least 103 people in IL are serving LWOP sentences for crimes they were convicted of committing as children.

Only six other states have more people serving juvenile life without parole sentences.

59% of children nationwide received LWOP for their very first criminal conviction.

Over 95% of youth offenders serving LWOP sentences were automatically transferred from juvenile court to adult criminal court with no opportunity for a judge to review the appropriateness of the transfer.

Based on the national average, an estimated 25% of these individuals were not even the principal actor in the offense.

Youth are fundamentally different from adults, and deserve second chances to make better choices.

A chance for parole means a person must demonstrate sufficient rehabilitation to earn parole; it does not suggest that offenders will or should be paroled at any time in the near future.

As the United States Supreme Court recognized, youthful offenders are less culpable than adults due to their still developing character, evolving sense of responsibility for their actions, and susceptibility to negative influences.

The American Bar Association has also recommended that sentences for juveniles should recognize mitigating factors particular to their “youthful status,” and juveniles “should generally be eligible for parole or other early release consideration at a reasonable point during their sentence; and, if denied, should be reconsidered for parole or early release periodically thereafter.”

A second chance to grow, learn and live is a human right agreed upon by the rest of the world

International law bans the sentence of child LWOP. The Convention on the Rights of a Child contains an absolute ban on the practice and the United Nations Committee on the Elimination of Racial Discrimination recommended that the United States “discontinue” the use of life without parole sentences for children under the age of 18.

There are more than 2,500 people serving life without parole for a crime committed in their youth in the United States and none in the rest of the world.

The United States is the only country in the entire world that sentences youth to life without parole.

Juvenile LWOP sentences disproportionately impact youth who lacked opportunities in the first place
As self-reported by the 83 out of the 103 individuals serving juvenile LWOP sentences in Illinois:

82% of youth offenders serving LWOP sentences are prisoners of color—72% are African-American, 10% are Latino

In Cook County, the statistics are even more extreme — 64 of the 73 children sentenced to LWOP were youth of color

Illinois far exceeds the national average of African American children sentenced to LWOP which is 60%

Juvenile LWOP is costly and ineffective in making communities safe and secure

According to a recent Center for Disease Control and Prevention report, “transfer to the adult criminal justice system typically increases rather than decreases rates of violence among transferred youth.”

It costs $24,655.75 to incarcerate a person in prison for one year, or nearly $1.5 million dollars for 60 years.

In 2006, the average annual wage of someone working in the U.S. was $36,210 ; a person who was working rather than incarcerated would pay about $271,575 in federal taxes.

(for notes please download the fact sheet above)

Voices

Formerly incarcerated youth: Supreme Court right that kids are different

I am a committed father who is working to keep kids out of trouble and our streets free of violent crime.

I also faced a possible sentence of life without the possibility of parole or the death penalty when I was only 16. I was convicted of third degree homicide instead of first degree murder and received a lesser sentence and served 8 ½ years behind bars. Since I was released in 1997, I have worked with hundreds of young men, trying to prevent them from entering the criminal justice system. Read more from formerly incarcerated youth...Edwin Desamour, Philadelphia

I was convicted of first degree murder and sentenced to 25 years in prison when I was 13 years old.

I had already spent time in the juvenile detention center on seven different occasions. Yet at such a young age, I didn't fully understand the ramifications of what had occurred; nor did I understand how so many lives -- including my own -- would be devastated because of my actions. I did not think the victim would die and I was not the actual killer, so I never imagined that I would face a long prison term. Only when I was transferred to adult court and spoke to my defense lawyer did I understand that I would likely spend decades in prison. I eventually plead guilty in order to avoid the 40-year sentence the state sought. Read more from formerly incarcerated youth...Xavier McElrath-Bey, Chicago

Mother tells her story of addressing the mental health issues that led to her son’s sentence

When my son was born, I knew very little about how kids typically behave. I was only 19 and he was my first child. His sister was not born for another 9 years.

During his formative years he was smart, quiet and obedient. He was in classes for gifted kids and showed talent in design and engineering at a very young age. He crafted elaborate building plans for spaceships, which at the time were very futuristic. I had no idea that he also suffered from a serious mental illness. Read more from families of incarcerated youth...Cat Lambert, Colorado

The mother of a 3-year-old homicide victim supports holding young people accountable for their crimes, but life-without-parole sentences for juveniles is not the answer.

Nearly 17 years ago, my three-year-old son, Casson Xavier “Biscuit” Evans, was killed in a drive-by shooting. I could not have imagined that I would someday want to see the shooter released from prison or that I would become an advocate for ending the practice of sentencing children to life in prison without the possibility of parole. Read more from families of victims...Sharletta Evans, Colorado

Bishops' Committee Joins Call To End Life Sentences Without Parole For Children

A committee of the U.S. Conference of Catholic Bishops (USCCB) has endorsed the principles of a national campaign to end the practice of sentencing people under the age of 18 to life in prison without the possibility of parole.

"While there is no question that violent and dangerous youth need to be confined for their safety and that of society, the USCCB does not support provisions that treat children as though they are equal to adults in their moral and cognitive development," said Bishop Stephen E. Blaire of Stockton, California, chairman of the committee. "Life sentences without parole eliminate the opportunity for rehabilitation or second chances." Read more from organizational partners...United States Conference of Catholic Bishops,

We did some dumb things as teenagers that might have caused a lot of harm. You probably did, too. Fortunately, we didn’t hurt anyone too badly, but we cringe now at how clueless we were about the possible consequences of what we did.

Teenagers often don’t make very good decisions. Our laws take this into account in many ways: We don’t let young people drink until they are 21, and they can’t sign contracts, vote or serve on juries until they are 18. But there is one area in which we ignore teens’ youth and impulsiveness: our criminal laws. Read more from opinion leaders...Newt Gingrich and Pat Nolan,

Letter from Individual Currently Serving to the Campaign for the Fair Sentencing of Youth

"And it is crystal clear to me if I got out today there is not an ounce of fiber in me that wants to be involved in anything criminal. There is so much more available in life, only a moron would want to live life like this. I believe change can be made, and a big reason for that is 'cause I see it in myself." Read more from people currently serving...Individual Serving Life Without Parole for a Crime Committed as a Youth,